In Case You Missed it; Defense Lawyers Erias Lukwago and Alaka Caleb Sent to Luzira Prison by the then Military Court Martial Chairman Gen Elly Tumwine as He Charges Kizza Besigye for Treason.

December 2005, Dr Besigye had returned from exile on 26th October 2005 and arrested three weeks after. He was nominated presidential candidate while in Luzira. We had gone to have him nominated with his effigy. He had been charged with treason alongside 22 others who included his brother.

Dr Besigye is driven from Luzira maximum prison to the court martial in Makindye yet he’s slated to be at the High Court to present his bail application. The court martial wants to charge him for the same offenses and keep him on remand as M7 is campaigning.

In the dock, the chairman of the court martial General Tumwine reads for him the charge: “Colonel Kizza Besigye and 22 others, you conspired to overthrow the government of Uganda using arms. Are u guilty or you are not guilty?”

Besigye looks at him angrily without saying a word.

Gen Tumwine repeats the charges and calls for a plea but Besigye keeps quiet.

Then Gen Tumwine changes and speaks in Runyankole, “Iwe Besigye, oyine amatu? nohurira ninga tokuhirira?”(meaning, Besigye, do u have ears? R u hearing or u r not hearing)

The whole court bursts into laughter. This incenses Gen Tumwine. Counsel Erias Lukwago interjects: “my client does not recognize this court. That’s why he can’t enter any plea”

Tumwine: Why are u speaking for him? Can’t he speak for himself?

Counsel Lukwago: But am his lawyer.

Gen Tumwine: Do u know that I can sentence you for that?

Counsel Lukwago: You can’t sentence me. You would have to charge me, try me, convict me and then sentence me. But as an officer of court who is robed, I have immunity here.

This sounded like Hebrew to the General and enraged him. He ordered the arrest of the three Besigye’s lawyers. Lukwago, Caleb Alaka and another whose name I’ve forgotten. Each was to pay a fine of one thousand Uganda shillings or spend three months in Luzira. The lawyers vowed not to pay the fine but to go to Luzira.

Dr Besigye is taken to the High Court but the case can’t take off. He tells the judge that his lawyers have been sent to Luzira by Tumwine. The judge is shocked to near death. Someone mobilizes three thousand shillings for the three lawyers and sends it to the court martial and the lawyers are released.

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